The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1887-03-24


rs hereinafter provided, for the election of rep
reaentatlve or representatives in congress- in the
district or districts In which said tie vote &C.
CURED.
SEC ~. The electors chosen a. aforesaid
small, at twelve o'clock on the day directed by
Inc congress Of the United States, meet at the
seat OF government Of this state, and then and
there perform the duties enjoincd on them by the
constitution and laws Of the United States.
SEC 40. Every e!ector OF president and vice
president of the United States shall. before the
hour OF twelve on the day next preceding the
day fixed by law OF congress to elect president
and vice president, give notice to the governor
that he is at the scat OF government and Is ready
At the proper time to fulfill the duties Ut an
elector: and the governor shall forthwith deliver
to the electors present certificate OF all the
names OF the electors; and If any electors
named therein fails to appear before nine o clock
on the morning OF the day OF election Of presi-
dent and vice president of the United States, the
electors then present shall Immediately proceed
to elect by ballot, in the presence Of the gov
ernor. persons to till such vacancies.
SEC. 40 IT more than the number of persons
required to till such vacancy as aforesaid have
the highest and an equal number Of votes
the governor. in the presence Ut the electors at
tending, shall decide, by lot which OF said per-
shall be elected: otherwise, they, to the
number required, having the greatest number Of
votes shall be considered elected to I'LL such va
cancies.
SEC. ~. Immediately after such choice is
made, the names OF the persons chosen shall
be certified to the governor bv the electors max
ing such choice. and the governor shall cause i'm
mediatcly notice to be given in writing to the
electors chosen. and to fill such vacancies.
and the persons 80 chosen shall bc electors and
shall meet the other electors at the same time
and place, and then and there discharge all and
singular the duties enjOincd on them as electors
aforesaid by the constitution and laws OF the
United States and OF this state.
SEC. AZ. Every eector attending at the scat
Of government. as aforesaid, shall receive three
dollars for every days attendance, and three
dollars for every twenty miles travel going to
and returning from, the seat OF government. es-
timated from his place OF residence by the most
usual route. Such sum shall be allowed by tho
auditor upon the certificate OF the governor, and
paid by the state treasurer cut of any money in
the treasury not otherwise appropriated.
SEC. ~. At the close OF the canvass as pro-
vided in sec: ion thirty nine. the board of can
vaSscrs shall declare the person having the high
est number OF votes for any county office duly
elected subject to appeal to the district court
for the proper county: and, i'll case said county
contain 4 senatorial! OR represent alive district,
then the person having the highest number Of
votes for senator or representative shall be de-
clared by said board duly elected. In case OF
appeal, notice thereof shall be entered with the
clerk OF said court within twenty days after
the day Of election.
SEC. 80. The county auditor shall mako out
FOR every county officer elected, and also for each
OF the senators and representatives elected to
the legislature, if such county constitutes SEN
atnri&l representative district. certificate Of
snch election, and shall deliver the same to the
person entitled thereto, upon demand, without
fee; and lie shall also make out Tor any candi-
date or elector Vt his county a statement of
votes provided III sections thirty nine, forty
aud fort -one, upon being paid therefor one
dollar
SEC. ST. The county auditor Of each county
which does not constitute a representative or
senatorial! district shall make OFT from the re-
members OF the senate aud house of representa-
tives, which he shall seal and direct to the
county auditor Of the senior county in each sem
atorial or representative district respectively,
and if there be two more counties in such
district OF tho same age, then the returns shall
be directed TO the auditor OF the county polling
host ,hor nfH ynfa nt 11-t
cedng general election: and said auditor shall
forward such statement to the proper auditor
within fifteen days after the election.
SEC. 50. When two more counties are COM
prscd in senatorial district, the auditor Of the
senior cDnntv or Ut the county to which returns
tn he made. shall, on the twentieth day after
TIE election with such other county auditors of
the district as choose to attend at his office call
to his assistance two justices OF the peace and
the chair man OF the board OF county commits
siuncrs OF his county, and then and there open
the returns of the votes given in the several
counties or portions OF count les comprising such
senatorial district: said auditor of the county
atelv make out certificates OF election for the
persons having tie highest number OF votes in
such senatorial district for the members OF the
legislature, which certificate shall be delivered
to the persons entitled thereto.
SEC. So. If on proceeding to canvass the votes
1t shall appear to said board of canvassers, or a
majority thereof. that i'll any statement pro-
duced to them certain matters are omitted in
such statements thatI should have been inserted,
Or that any mistakes that are clerical merely,
exist. they shall cause the said statement to be
sent, by one of their number or by messenger
whom they shall depute for that purpose, to the
county or district canvassers OF the county,
town district from which such statements
were received, to have the same corrccted: and
the person SO deputcd shall Immediately pro-
coed and give notice to the said county, town or
district CanvaSSers, whose duty it shall be forth
with to assemble together and make such cor
rections ns the facts Of the case require: but
such county, town or district canvassers shall
vrnf tjv,fp rt,npNfv oil
c!siOn before made by them, but shall only
cause their canvass to be correctly stated: and
snch board OF cauvassers are authorized to ad-
JOurn from day to day for the purpose OF obtain
Ing and revising such statement, such adjourn
nent not to extend beyond ten days
SEC. 81. Whenever there is no election
of state county officers, OF the
required number OF members Of tbs house Of
representatives or senate, or of representatives
in congress by reason OF any two or more per.
votes for any such Office: or whenever any va
cancy occurs in any CT the said offices, which
said vacancy is not otherwise provided for, the
governor, within ten days after he is Informed
OF such vacancy or failure to elect, shall issue
proclamation directing hat special election be
held IN the proper eiectlon district or DISTRICTS
at a time to be specified in the proclamation,
not more than twenty days from the date there
OF to fill such office: and said election shall be
called in the manner hcrcinberore provided for
calling elections. and the same shall be held and
conducted, and the returns thereof made and
canvassed in the same manner as general cleo
ions uel(, COuOuC. eu anu inc returns there
OF made and canvassed: provided, that ii the
vacancy occur in the Office OF representative in
congress, or state senator. or the member OF the
house OF representatives, and there be no session
OF the legislature or congress between the hap
pening of such vacancy and the next general
election occurring fifteen more days there
after, such vacancy shall be filled at said gen.
eral election.
SEC. So. On elections to fill any vacancy I'M
der the preceding section, the auditor shall,
within fifteen days after such elections, trans
mi 81 lf q n nf1io 20
OF the secretary OF state and take his receipt
therefor. under the penalty OF five hundred
dollars fine, to be recovered from HIM in civil
action In the name of the county: and the
county treasurer for the time being shall sue for
sud recover the penalty, for the use of the
county.
Sec. Sc. If vacancy occur in the senate or
house OF representatives. for any cause and II
the county composing the district in which such
vacancy occurs have been divided after the cleo
ton OF member whose seat is vacant, such
part OF any county. OF which such district was
originally composed: but no person shall be
permitted to vote at such election who does not
at that time reside within the limits of the orig
lnal county or district in which the vacancy &C.
CURED.
Sec ST. Any candidate or elector Of the proper
county, senatorial, judicial or election district
wishing to contest tho validity Of an election, or
the right OF any person declared duly elected to
the senate or house of representatives in this
state, or to contest his right to seat therein,
shall give notice thereof in writing to the per-
son whose election or right to seat he intends
to contest, or leave a written notice thereof at
the house where such person last resided, within
twenty days after the votes have been canvassed
bv the county canvassing board. specifying the
points on which the election will be contested
aud naming two justices OF the peace, of the
COUNTY III which he resides, who will Oft1ciate at
the taking OF the dopositions, and when and
where they will attend to take the same: all such
the day designated therein for the taking OF
such dispositions, but the time fixed for taking